R3016 - Particularity in specific actions.

Rule 3016. Particularity in specific actions. (a) Libel or slander. In  an action for libel or slander, the particular words complained of shall  be  set  forth  in the complaint, but their application to the plaintiff  may be stated generally.    (b) Fraud or mistake. Where a cause of action or defense is based upon  misrepresentation, fraud, mistake, wilful default, breach  of  trust  or  undue  influence,  the  circumstances  constituting  the  wrong shall be  stated in detail.    (c) Separation or divorce. In an action for separation or divorce, the  nature and circumstances of a party's alleged misconduct,  if  any,  and  the time and place of each act complained of, if any, shall be specified  in the complaint or counterclaim as the case may be.    (d)  Judgment.  In  an action on a judgment, the complaint shall state  the extent to which any judgment recovered by the plaintiff against  the  defendant, or against a person jointly liable with the defendant, on the  same cause of action has been satisfied.    (e)  Law  of  foreign  country.  Where a cause of action or defense is  based upon the law of a foreign country or  its  political  subdivision,  the substance of the foreign law relied upon shall be stated.    (f)  Sale and delivery of goods or performing of labor or services. In  an action involving the sale and delivery of goods, or the performing of  labor or services, or the furnishing of materials, the plaintiff may set  forth and number in his verified complaint the items of  his  claim  and  the reasonable value or agreed price of each. Thereupon the defendant by  his  verified answer shall indicate specifically those items he disputes  and whether in respect of delivery or performance, reasonable  value  or  agreed price.    (g)  Personal  injury.  In  an  action designated in subsection (a) of  section five thousand  one  hundred  four  of  the  insurance  law,  for  personal injuries arising out of negligence in the use or operation of a  motor  vehicle  in  this  state,  the  complaint  shall  state  that the  plaintiff has sustained a serious injury, as defined in  subsection  (d)  of  section  five  thousand  one  hundred  two  of the insurance law, or  economic loss greater than basic economic loss, as defined in subsection  (a) of section five thousand one hundred two of the insurance law.    (h) Gross negligence or intentional  infliction  of  harm  by  certain  directors,  officers  or trustees of certain corporations, associations,  organizations or trusts. In an  action  or  proceeding  based  upon  the  conduct  of  a  director,  officer or trustee described in section seven  hundred twenty-a of the not-for-profit corporation  law  or  subdivision  six of section 20.09 of the arts and cultural affairs law, the complaint  shall be verified and shall state whether or not said complaint is based  upon gross negligence or intentional infliction of harm.